State v. . Miller’s Empirical Analysis

Citation profile

23 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “- .“So I charge you, gentlemen, with reference to the charge of manslaughter, that, if you find from the evidence and beyond a reasonable doubt that, at the time the deceased, Michael Dean Heath, was struck and killed by the defendant’s automobile, that' is, the defendant Ebenezer Weston, and that the defendant Ebenezer Weston was guilty of culpable or crim-negligence, as heretofore explained to you by the Court, that is, that he was driving his car at the time and place in question, carelessly and heedlessly, in willful and wanton dis- ! regard of the rights or safety of others, or without due caution and circumspection, and at a speed or in a manner so as to endanger or be likely to endanger any person or property then upon said highway, or failed to stop for a stopped school bus with its Stop signal out in receiving or discharging passengers, or in failing to keep a reasonable lookout; or, if you find from the evidence and beyond a reasonable doubt that at the time and place in question the defendant was inadvertently driving his car in violation of the statutes and common law rule, about which I have previously instructed you, in such case made and provided, that such acts and conduct of the defendant were accompanied by recklessness or probable consequences of a dangerous nature, when tested by the rule of reasonable prevision, amounting to a thoughtless disregard of consequences, or a heedless indifference to the safety and rights of others, then I charge you that the d”

   1 later decision quote this exact passage
   e.g. State v. Weston

2. “However, the rule is, that when the State relies upon circumstantial evidence for a conviction, the circumstances and evidence must be such as to produce in the minds of the jurors a moral certainty of the defendant’s guilt, and exclude any other reasonable hypothesis. Accord: State v. Miller, 220 N.C. 660 , 18 S.E. 2d 143 (1942).”

   1 later decision quote this exact passage
   e.g. 52 N.C. App. 713 - State v. Chambers